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GRUNEWALD v. STATE

No. 83-1143.

455 So.2d 484 (1984)

Gary Lee GRUNEWALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 14, 1984.

Attorney(s) appearing for the Case

Andrew W. Graham and Karen B. McLendon, of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983).

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting:

Tried on an information charging only the minimal facts alleging an aggravated battery (§ 784.045(1)(b), Fla. Stat.), Grunewald was convicted of the supposed...

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